Legal Opinion
Kosowsky v. Coller
Appellate Division of the Supreme Court of the State of New York
Decided October 15, 1929PublishedCited by 5 opinions
1Opinion of the Court
Judgment reversed upon the law and the facts, with costs, and complaint dismissed, with costs. We are of opinion that plaintiff was guilty of contributory negligence as a matter of law. He did not testify that he looked, but testified that he did not see the defendants’ car before the collision, under circumstances justifying the presumption that he would have seen it had he looked. Both his witnesses, one of whom was driving a car immediately behind him, testified that they saw defendants’ car before the accident. His witness Turby saw defendants’ ear when it was one hundred feet from the…
2Cases cited5 opinions
- Ward v. . ClarkNew York Court of Appeals · 1921
- Dolfini v. . Erie R.R. Co.New York Court of Appeals · 1904
- Shuman v. HallNew York Court of Appeals · 1927
- Clark v. DoolittleAppellate Division of the Supreme Court of the State of New York · 1923
- Wallace v. D'AprileAppellate Division of the Supreme Court of the State of New York · 1927
3Cited by5 opinions
- Davis v. Rogers Fuel Corp.Appellate Division of the Supreme Court of the State of New York · 1954
- France v. ShannonAppellate Division of the Supreme Court of the State of New York · 1971
- Scott v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1940
- Alby v. KrupaAppellate Division of the Supreme Court of the State of New York · 1941
- Kirk v. MageeAppellate Division of the Supreme Court of the State of New York · 1956